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Home My WebLink AboutZBA-12/27/2005 SPECAPPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MINUTES SPECIAL MEETING TUESDAY, DECEMBER 27, 2005 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Annex (NFB) Building, 54375 Main Road, Southold, New York 11971-0959, on Tuesday, December 27, 2005 commencing at 6:10 p.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. GoehringedMember Vincent Orlando/Member James Dinizio, Jr./Member Michael A. Simon/Member Linda Kowalski, ZBA Assistant and Secretary 6:I0 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided, with the original determinations filed with the Southold Town Clerk: AO/~rovals with Conditions: ZBA File 5759 - RQA Properties (Rich's Quality Auto Body) ZBA File 5804 - Monte and Carolyn Redman ZBA File 5798 - Roy Rodriguez ZBA File 5808 - Helen Sonitis ZBA File 5803 - Robert and Josephine Corcoran ZBA File 5807 - Thomas and Judith Hedgecock ZBA File 5806 - Dennis Roses At:)orovals as Aoolied: ZBA File 5802 - Christos Mitas ZBA File 5797 - Thomas and Mary Irene Marron ZBA File 5811 - Nancy Righi and Anna Hommel ZBA File 5812 - Nancy Righi and Anna Hommel ZBA File 5813 - Jonathan and Christine Baker Page 2 - Minutes Meeting held December 27, 2006 Southold Town Board of Appeals ZBA File 5810 - Dwight F. Miller RESOLUTIONS/OTHER ACTION: A. Motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly carried, to authorize advertisinq of a~lications #7 coml~lete form for public hearinqs to be held on Thursday, JanuarY 26, 2006, commencincl at 9:30 AM. 9:30 A.M. JAMES NEUMANN #5822. A variance is requested under Section 100-30A.3, bulk schedule, based on the Building Inspector's October 20, 2005 Notice of Disapproval concerning a building permit application to amend Permit No. 31483-Z for construction of a new dwelling which will exceed the code limitation of 2-1/2 stories for proposed 132 square feet of space above the second floor and code-compliant stairs, at 750 Mill Road, Mattituck; CTM 107-1-1. 9:35 A.M. TIM TRUJILLO and PAULA DANIEL #5830. The Applicant-Owner requests a Special Exception to establish an Accessory Apartment within their existing single-family building as provided by Section 100-31B, subsection 13 of the zoning code. Location of Property: 580 SoundviewAvenue, Peconic; CTM 74-2-6. 9:40 A.M. JOHN and NINA WINTER (Owner: MA TINE, INC.)#5809. Variances are requested under Sections 100-33 and 100-239.4A(1 ), based on the Building Inspector's October 7, 2005 Notice of Disapproval concerning an accessory swimming pool, proposed in a side yard instead of the code-required front yard or rear yard, and in a location at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 590 North View Drive, Orient; CTM 13-1-5.1. 9:50 A.M. THOMAS LANDI #5816. A variance is requested under Section 100-244, based on the Building Inspector's November 7, 2005 Notice of Disapproval concerning an application for a building permit for a new swimming pool, which construction will increase the building coverage of the lot in excess of the code's 20% limitation, at 950 Waterview Drive, Southold; CTM 78-7-28. 9:55 A.M. SUSAN ROGERS GRUN #5824. A variance is requested under Section 100- 239.4A(1), based on the Building Inspector's November 15, 2005 Notice of Disapproval concerning a building permit application to construct an addition, for the reason that the new construction will be less than 100 feet from the top of the bluff or bank of the Sound, at 57305 C.R. 48 (a/k/a Middle Road or North Road), Southold; CTM 52-1-6. 10:00 A.M. PHILIP MILOT #5705. Variances are requested under Sections 100-33, 100-242, and 100-244, based on the Building Inspector's November 21, 2005 amended Notice of Disapproval concerning a proposed second-story addition and alterations to the existing one-story garage, for a recreation room and half bathroom (toilet and sink). The reasons in disapproving the building permit application are that the new construction will increase the degree of nonconformance when located at less than 3 feet from the side lot line and less than 35 feet from the front lot line. Location of Property: 4185 Camp Mineola Road, Mattituck; CTM 1000-123-5-26. Page 3 - Minutes Meeting held December 27, 2096 Southold Town Board of Appeals 10:15 A.M. GREGG and KATHI ROBERTS #5817. A variance is requested under Sections 100- 243A and 100-244, based on the Building Inspector's October 6, 2005 Notice of Disapproval of an application for a building permit concerning additions and/or alterations to the dwelling. The reason stated in the disapproval is that the as-built enclosure of an existing porch will maintain a nonconforming front yard setback, increasing the degree of nonconformance at less than 35 feet from the front lot line. Location of Property: 2545 West Creek Avenue, Cutchogue; CTM 110-5- 1. 10:20 A.M. GERI ARMINE KLEIN #5793. A variance is requested under Section 100-231, based on the Building Inspector's August 15, 2005 Notice of Disapproval concerning a request for approval of a fence shown on the 12/13/05 survey, as-built, prior to recent changes. The fence exceeds the code limitation of four feet when located in the front yard, at 160 Sound Avenue and Sound Road, Greenpod; CTM 33-4-35.2. Zone District: R-40 Low-Density Residential. 10:45 A.M. EDGEWATER II, LLC #5815. A variance is requested under Section 100- 30A.3, bulk schedule, based on the Building Inspector's October 19, 2005 Notice of Disapproval concerning a request to amend a building permit, and requesting variance relief exceeding the variance limitations granted under Appeal No. 5330 concerning the height of a dwelling which irregular roofline exceeded 35 feet at its highest point and included a bedroom designed in space above the second-floor. This variance is for a third design, modifying and expanding the floor space above the second floor, exceeding the code limitation of 2-1/2 stories, and modifying and adding roof angles which exceed the code limitation of 35 feet. Location of Property: 63735 C.R. 48 (a/Ida North Road or Middle Road), Greenport; CTM 40-1-20.2. 11:00 A.M. JON and KATHLEEN MARINO #5831. A variance is requested under Sections 100- 33 and 100-242, based on the Building Inspector's December 14, 2005 Notice of Disapproval concerning a building permit application to construct an addition to the existing accessory garage. The reason for disapproving the building permit application is that the construction will increase the degree of nonconformance when construction will be in the side yard area of the existing accessory garage, instead of the rear yard. Location of Property: 10105 Soundview Avenue, Southold; CTM 54-8-5. 11:10 A.M. TIMOTHY STEELE #5618. (Continuation from Variances are requested under Sections 100-31A(2)(c) and 100-242A, based on the Building Department's April 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a building permit application for the following construction, at property known as 13795 Oregon Road (right-of-way extending from the north side of applicant's property), Cutchogue; CTM 83-2-10.16: (a) barn (building #1) at less than 75 feet minimum principal building rear yard setback, (b) additions with alterations to a nonconforming accessory garage (building #2), for the reason that the garage is not entirely in a rear yard, and is extended into a front yard, and (c) two (2) accessory sheds, an as-built and proposed, referred to as storage container buildings #3 and #4, in a yard other than the code-required rear yard. 11:25 A.M. MICHAEL and HELEN REDDINGTON #5792. Request for a Lot Waiver under Section 100-26 to unmerge vacant land identified as CTM 1000-104-2-7.1, from the adjacent vacant land identified as CTM 1000-104-2-7.2, based on the Building Inspector's August 23, 2005 Notice of Disapproval and its determination that the properties have been merged pursuant to Section 100-25. Location of Property: Corner of Horton Road and Bittersweet Lane, Cutchogue, containing 63,808 sq. ft. as merged. Zone District: R-40 Low-Density Residential. 11:45 A.M. BARBARA and KIMONO THERMOS #5825. A variance is requested under Section 100-244, based on the Building Inspector's October 20, 2005 Notice of Disapproval, amended Page 4 - Minutes Meeting held December 27, 2006 Southold Town Board of Appeals December 8, 2005 concerning an application for a building permit to demolish an existing dwelling and construct a new dwelling with setbacks at less than the code required 10 feet on a single side and less than 15 on the second side yard, at 355 Sound Beach Drive, Mattituck; CTM 99-1-19. 11:55 A.M. JAMES and KAREN HOEG #5821. A Variance is requested under Section 100-31A, based on the Building Inspector's November 1,2005 Notice of Disapproval for a certificate of occupancy to allow the existing one-story building to be used as a principal office use, instead of an accessory office in conjunction with the former dwelling use which was removed, at 15400 Main Road, Mattituck; CTM 114-9-1. 12:05 P.M. PAT IAVARONE #5829. A variance is requested under Section 100-30A.3, bulk schedule, based on the Building Inspector's November 1, 2005 Notice of Disapproval concerning a building permit under #22830Z which restricted the use of the attic to "non-habitable" area. An application has been filed for a building permit for the as-built alterations which modified the non- habitable attic area to living space and converted the floor above the second story to a third story, exceeding the code limitation for 2-1/2 stories. Location of Property: 995 West Road, Cutchogue; CTM 110-7-3. 12:20 P.M. GEORGE and ELIZABETH IRELAND #5814. A variance is requested under Sections 100-31A and 100-242A, based on the Building Inspector's September 26, 2005 Notice of Disapproval concerning a requested for a building permit to construct an addition and as-built alterations to an existing accessory building with living space. The reasons for disapproving the building permit are that the addition will change the intensity of use, increasing the degree of nonconformity, and the as-built additions and alterations are not permitted in an accessory building, and only one, single-family dwelling is permitted on a lot. A Certificate of Preexisting Use was issued 7/5/2001 for a single-family dwelling and "accessory garage with living space above*." Location of Property: East End Road, Fishers Island; CTM 4-7-3.3 (part of Lot 3). Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer. Dinizio, Simon and Orlando. This Resolution was duly adopted (5-0). RESOLUTIONS/OTHER ACTION,Continued B. Brief reviews of pending files and general discussions by Board Members followed. Page 5 - Minutes Meeting held December 27, 2006 Southold Town Board of Appeals There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:10 p.m. Respectfully submitted, Linda Kowalski Included by Reference: Filed ZBA Decisions (13) Ruth D. Oliva, Chairwoman Approved for Filing REC~I¥~:D '"' ~